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Overview of Philippine Criminal Law

This document provides an introduction to criminal law, including its key characteristics and evolution. It discusses how criminal law is generally applicable, territorial in nature, and prospective. It also summarizes some of the earliest criminal law codes, including the Code of Hammurabi, Hittite laws, Code of Drakon, and Laws of Solon. The sources of Philippine criminal law and the classical and positivist theories are briefly outlined.

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0% found this document useful (0 votes)
143 views39 pages

Overview of Philippine Criminal Law

This document provides an introduction to criminal law, including its key characteristics and evolution. It discusses how criminal law is generally applicable, territorial in nature, and prospective. It also summarizes some of the earliest criminal law codes, including the Code of Hammurabi, Hittite laws, Code of Drakon, and Laws of Solon. The sources of Philippine criminal law and the classical and positivist theories are briefly outlined.

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Alyssa Sosangyo
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INTRODUCTION TO THE STUDY OF CRIMINAL LAW

CRIMINAL LAW or PENAL LAW


 that branch of public law which defines crimes, treats of their nature and provides for
their punishment

REVISED PENAL CODE (RPC) – Act. No. 3815


 The book that contains the Philippine criminal law
 Effectivity of the RPC is 1 January 1932
 Approved December 8, 1930

CHARACTERISTICS OF CRIMINAL LAW

1) It is general in application or (GENERALITY):


The provisions of the criminal or penal law must be applied equally to all persons
within the territory regardless of sex, race, nationality and other personal circumstances, with
the following exceptions:
a) heads of state or country
b) foreign diplomats and ambassadors

2) It is territorial in character or (TERRITORIALITY):


As part of the right of a state to self-preservation, each independent country has the
right to promulgate laws enforceable within its territorial jurisdiction, subject only to the
limitations imposed by treaties of preferential applications and by the operation of
international law of nations. The Revised Penal Code and the other special laws are
applicable only to the areas within the Philippine territorial jurisdiction, such as:
a) Philippine archipelago – all the islands that comprise the Philippines
b) Atmosphere water – all bodies of water that connect all the islands such as
bays, rivers and streams
c) Maritime zone – the twelve (12) Nautical Mile limit beyond our shore
measured at low tide

EXCEPTIONS TO THE TERRITORIAL CHARACTER OF THE REVISED PENAL CODE:

The Revised Penal Code shall be applicable to all cases committed outside the
Philippine territorial jurisdiction under the following circumstances:
a) should commit an offense while on Philippine ship or airship;
b) should forge or counterfeit any coin or currency note of the Philippine Island of
obligations and securities issued by the government of the Philippines;
c) while being a public officer or employee, should commit an offense in the exercise of
their functions;
d) should commit any of the crimes against national security and law of nations

3) it is prospective or retrospective or (PROSPECTIVITY):


No person may be punished for his act when at the time he committed the act, it is
still not yet punishable by law. However, penal laws may be given retroactive effect when it
is favorable to the accused.

4) It is specific and definite.


Criminal law must give a strict definition of a specific act which constitutes an
offense. Where there is doubt as to whether a definition embodied in the Revised Penal
Code applies to the accused or not, the judge is obligated to decide the case in favor of the
accused. Criminal low must be construed liberally in favor of the accused and strictly
against the state.

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5) It is uniform in application.
An act described as a crime is a crime no matter who committed it, wherever
committed in the Philippines and whenever committed. No exceptions must be made as to
the criminal liability. The definition of crimes together with the corresponding punishment
must be uniformly construed, although there may be a difference in the enforcement of a
given specific provision of the penal law.

6) There must be a penal sanction or punishment.


Penal sanction is the most essential part of the definition of the crime. If there is no
penalty to a prohibited act, its enforcement will almost be impossible. The penalty is acting
as deterrence and as a measure of self-defense of the state to protect society from the
threat and wrong inflicted by the criminal.

EVOLUTION OF CRIMINAL LAWS

A) PREHISTORIC CRIME AND PUNISHMENT


Primitive Tribes
 Punishment may be in the form of ostracism and expulsion punishment and exile
 Adultery may be punished by the aggrieved husband who may kill the adulterer and
his own offending wife
 Crime may be avenged by the victim himself or by the victim's family

B) THE EARLY CODES

1) CODE OF HAMMURABI
 Hammurabi, the king of Babylon during the eighteenth century BC, is recognized as
the first codifier of laws
 It provides the first comprehensive view of the laws in the early days
 The Code was carved in stone
 The “law of talion”, or the principle of “tit for tat”, (an eye for an eye, tooth for a
tooth) appears throughout the Code
 Under the principle of the law of talion, the punishment should be the same as the
harm inflicted on the victim
Highlights of the Code of Hammurabi:
a) compensation to the victim of a robbery by the authorities of the city in which the
robbery occurred if the thief was not caught
b) by the killer is answerable not to the family of the victim but to the
c) death was the penalty for robbery, theft, false witness, building a house that falls on
its owner
(if the house should collapse and kill the owner's son, the son of the builder would be the
one executed)
d) a son who struck his father would suffer the amputation of a hand
e) if in an assault a victim's bone was broken, the same bone of the assailant would be
broken

2) THE HITTITES
 the Hittites existed about two centuries after Hammurabi and eventually conquered
Babylon
Highlights of the laws of the Hittites:
 capital punishment was used for many offenses, except for homicide or robbery
 rape, sexual intercourse with animals, defiance of the authority and sorcery were all
punishable by death
 the law of homicide provided for the restitution to the victim's heirs
 law enforcement and judicial functions were placed in the hands of commanders of
military garrisons

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3) CODE OF DRAKON
 knows as the “ultimate in severity”
 codified by Drakon, the Athenian lawgiver of the seventh century BC
Highlights of the Code of Drakon:
 death was the punishment for almost every offense
 murderers might avoid execution by going into exile; if they return to Athens, it was
not a crime to kill them
 death penalty was administered with great brutality

4) LAWS OF SOLON
 Solon was appointed archon and was given legislative powers
 Solon repealed all the laws of the Code of Drakon, except the law on homicide
 Solon was one of the first to see that a lawgiver had to make laws that applied
equally to all citizens and also saw that the law of punishment had to maintain
proportionality to the crimes committed
Highlights of the Laws of Solon:
 the thief was required to return stolen property and pay the victim a sum equal to
twice its value
 for the crime of temple robbery, the penalty was death
 for rape of a woman, the penalty was a fine of certain amount

5) ROME'S TWELVE TABLES


 Roman law began with the Twelve Tables which were written in the middle of the
sixth
century BC
 the Twelve Tables were the foundation of all laws in Rome and written in tablets of
bronze
 the Twelve Tables were drafted by the Decemvirs, a body of men composed of
patricians
Highlights of the Twelve Tables:
 if a man break another's limb and does not compensate the injury, he shall be liable
to retaliation
 a person who committed arson of a house or a stack of corn shall be burned alive
 judges who accepted bribes as well as those who bribed them were subject to
execution
 any act of treason was punishable by crucifixion

SOURCES OF CRIMINAL LAW

1. Act 3815 known as the Revised Penal Code


2. Special Penal Laws passed by Congress
3. Presidential Decrees issued by President Marcos
4. Codigo Penal De Espana (Spanish Penal Code)

CHARACTERISTICS OF CRIMINAL LAW


• General - criminal law is binding on all persons who live or sojourn in the Philippines,
regardless of age, sex or nationality.
• Territorial - criminal laws are applicable only if the crime is committed within
Philippine territory.
• Prospective - criminal law cannot make an act punishable in a manner in which it
was not punishable when committed. See Art 366. (The law looks forward and not
backwards)

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THEORIES IN CRIMINAL LAW
• Classical (Juristic) Theory- the basis of criminal liability is human free will and the
purpose of penalty is retribution. Man is a moral creature with an absolute free will to
choose between good and evil. Here more stress is placed upon the result of the
crime than the criminal. There is scant regard for the human element.
• Positivist (Realistic) Theory. Man is subdued occasionally by a strange and morbid
phenomenon which constrain him to do wrong. Crime is a social and natural
phenomenon; it cannot be treated therefore by the application of abstract principles
of law or by the imposition of punishment. The purpose of penalty is reformation of
accused. Offender is regarded as a sick person who needs treatment.

Classical Theory
• The basis of criminal liability is human free will and the purpose of penalty is
retribution.
• Man is a moral creature with an absolute free will to choose between good and evil.
• Here more stress is placed upon the result of the crime than the criminal.
• There is scant regard for the human element

Positivist Theory
• Man is subdued occasionally by a strange and morbid phenomenon which constrain
him to do wrong.
• Crime is a social and natural phenomenon;
• Crime cannot be treated therefore by the application of abstract principles of law or
by the imposition of punishment.
• The purpose of penalty is reformation of accused.
• Offender is regarded as a sick person who needs treatment.

FIVE CIRCUMSTANCES AFFECTING CRIMINAL LIABILITY


1. Justifying Circumstances
2. Exempting Circumstances
3. Mitigating Circumstances
4. Aggravating Circumstances
5. Alternative Circumstances

• JUSTIFYING CIRCUMSTANCES
Justifying Circumstances - Those where the act of a person is said to be in accordance
with the law, so that he in the eyes of the law is considered not to have violated the law and
is therefore free from criminal and civil liabilities.

• EXEMPTING CIRCUMSTANCES
Exempting Circumstances - are those grounds for exemption from punishment because
there is missing in the agent of the crime any of the conditions which make the act voluntary
or negligent.

• MITIGATING CIRCUMSTANCES
Mitigating circumstances - those which if present in the commission of a crime, do not
entirely free the actor from criminal liability but reduces only the penalty.

• AGGRAVATING CIRCUMSTANCES
Aggravating Circumstances - are those which if attendant in the commission of the
offense, would serve to increase the penalty. Alternative circumstances are those which
must be taken into consideration as aggravating or mitigating according to the nature and
effects of the crime and the other conditions attending its commission. They are the 1.
relationship, 2. intoxication and the 3. degree of instruction and education of the offender.

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INTRODUCTION TO LAW ENFORCEMENT ADMINISTRATION

LAW ENFORCEMENT ADMINISTRATION


- is one of the major areas of professional subjects in criminology.
- this area covers the study of police organizations, their administration and
management, police operations, security management and the principles, theories and their
application.

CRIME PREVENTION AND PROTECTION


- Anything which reduces the level of crime and/or the perceived fear of crime.
- The enforcement of the laws will provide a crime prevention framework which is
focused on making the environment safe from crime, reducing the potential for crime in high-
risk situations, and halting the possibility of future crime.

LAW ENFORCEMENT
- Pertains to the work of the police as a pillar of the criminal justice system.
- It is the actualization of the mandate of protecting the people, their rights and
properties; investigation of crimes; maintenance of peace and order in the society; and
putting the law in its compulsory implementation.
- To compel obedience to a law regulation, or command.
- It is simply Policing.

POLICING
- Is the act of the law enforcement officer to ensure that law and order is maintained
in a particular area or event, using the police or military force or to ensure that rules and
procedures are followed correctly in something or that something is implemented as agreed.

LAW ENFORCEMENT ORGANIZATIONS

LAW ENFORCEMENT AGENGIES OR AGENTS


- are composed of persons or organizations responsible for enforcing the laws,
especially referring to the so called police organization.

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- In the Philippines, there are various agencies involved in the law enforcement
activities depending on the creation of such agency.

PHILIPPINE NATIONAL POLICE (PNP)


- It is an organization within the structure of the PNP and one of its tasks is to help
the Chief, PNP institute reforms to improve the image of the police force through
assessment, analysis and evaluation of the character and behavior of the PNP Personnel.
- It is headed by the Inspector-General.
- As mandated in the Art XVI Sec. 6 of the 1987 Philippine Constitution, "The
state shall establish and maintain one police force which shall be national in scope
and civilian in character, to be administered and controlled by a National Police
Commission", PNP was created by virtue of RA # 6975 (DILG Act of 1990). Later,
the agency was reorganized and professionalized by the enactment of RA # 8551
(PNP Reform and Reorganization Act of 1998).
- It is considered as the premier law enforcement agency and the front-liner of
the country against all forms of crime and criminality. It is the first agency of social
control in the CJS as it is called as the prime mover. However, the PNP is not the
only law enforcement agency primarily involved in the law enforcement pillar of the
PCJS.

IT IS NATIONAL IN SCOPE AND CIVILIAN IN CHARACTER


- This simply means that the organization is a nationwide government organizations
whose jurisdiction covers the entire breath of the Philippine archipelago.
- All PNP personnel both the uniformed and non-uniformed components are national
government employees. Civilian in character because that the organization is independent
from the military counterpart.

COMPOSITION/MEMBERS
With the enactment of RA #6975, the following are the PNP members, to wit;
a) The members of the police forces who were integrated in the Integrated National
Police (INP) under PD # 765.
b) The officers and enlisted personnel of the defunct Philippine Constabulary (PC)
which include those assigned with the Narcotics Command (NARCOM) or the
Criminal Investigation Service Command (CISC); and those of the technical services
of the AFP assigned with the PC and the civilian operatives of the CISC.
c) The regular operatives of the NAPOLCOM, Inspection Investigation and
Intelligence branch were also absorbed by the PNP.

POWERS AND FUNCTIONS


Being the premier pillar in the PCJS, the following are the powers and
functions in accordance with the mandate:
a) Enforce all laws and ordinances relative to the protection of lives and properties;
b) Maintain peace and order and take all necessary steps to ensure public safety;
c) Investigate and prevent crimes, effect the arrest of the criminal offenders, bring
offenders to justice and assists in their prosecution;
d) Exercise the general power to make arrest, search and seizure in accordance with
the Constitutional and pertinent law;
e) Detain and arrested person prescribed by law, informing the person no detained
or all him rights under the Constitution'
f) Issue licenses for the possession of firearms and explosive in accordance with law;
g) Supervise and control the training and operations of security agencies and issue

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licenses to operate security agencies, and to security guards and private detective,
or the practice of their profession;
h) Perform such other duties and exercise all other functions as may be provided by
law. One of this is the Forestry Law wherein the PNP is primary enforcer in
coordination with the Department of Environment and Natural Resources (DENR).

ROLES OF PHILIPPINE NATIONAL POLICE


 Crime control and prevention
 Enforcement of laws
 Criminal Apprehension
 Conduction of lawful searches and seizures to gather necessary evidences so that a
complaint may be filled with the Prosecutor's Office.

PNP SEAL AND PNP BADGE (TSAPA)

PNP SEAL

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Lapu-Lapu Hero - The great Filipino hero of Mactan, the prototype of the best and
most noble in Filipino manhood who is the symbol and embodiment of all the
genuine attributes of leadership, courage, nationalism, self-reliance and a people-
based and people powered community defense. The benevolent and heroic warrior
who derived added strength from a cohesive, determined and loyal people is today a
fitting symbol and a prototype as well of people power to preserve our values,
customs, traditions, way of life and the rule of law thru a solidly community-based
police system. Lapu-Lapu also personifies for us today civilian constitutional
authority.

Laurel - Green Laurel with 14 leaves symbolizes the 14 Regional Commands. It is


also a symbol of the honor, dignity and the privilege of being a member of a noble
organization where the call to public service is par excellence a commitment to
public trust.

Shield - The symbol of the Philippine Constabulary, the first National Police by virtue
of Organic Act No. 175, enacted by the Philippine Commission on 18 July 1901. The
Philippine Constabulary for the close to 90 years of service to the nation has
performed with honor, professionalism and courage. The PC has carved out a large
part of the glorious pages of Philippine history, as attested by its proudly and
deservedly garnering 86 of the 92 "Medals of Valor" the highest honor that a grateful
Filipino nation can bestow on its gallant sons in the service of the Republic. Most
appropriately therefore, the Philippine Constabulary became the nucleus of the
Integrated National Police in 1975 to nurture the then embryonic concept of the
nationalization of the country's local police forces.

Three Stars - Luzon, Visayas and Mindanao and the 1,700 islands and the territorial
integrity wherein the National Police must enforce the law and maintain peace and
order with professionalism, zeal and dedication in keeping with the highest ideals
and traditions of service to our country and people.

Service • Honor • Justice - Added distinct ideals for the officers, men and women of
the PNP to insure efficiency, integrity, cohesiveness, camaraderie and equanimity to
enhance community acceptance and support to attain its mission of peace keeping
and law enforcement.

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Sun - Symbolize the flowering, maturing and ultimate realization of the glorious
evolution of the PC/INP into a National Police Organization - "national in scope and
civilian in character" - as enshrined in the 1986 Constitution. The Traditional light
rays which represents the fightingest provinces whose ideals of courage and
patriotism the members of the National Police must possess.

PNP BADGE

Philippine Monkey Eating Eagle The National Bird - symbol of swiftness and ferocity,
power, courage and immortality.

PNP Shield – is the symbol of protection of all citizens.

Three Stars - Stands for Luzon, Visayas and Mindanao which constitute the Republic's
Territorial Integrity over which the PNP must enforce the law and maintain peace and order
with professionalism, zeal and dedication in keeping with the highest ideals and traditions of
service to God, Country and People.

Eight Sun Rays - Represents the eight (8) provinces whose ideals of courage, gallantry
patriotism led to their revolt against Spain.

Lapu-Lapu - Symbolizes the bravery of the Philippine National Police.

Service, Honor, Justice - Service is the vibrant and cogent deeds and actions in response
to the needs and wants of the people in distress: Honor could be the overriding criterion and
consideration in the performance of their entrusted task or mission: and Justice dispensed to
everyone whatever is due to him without favoritism or discrimination of any sort.

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PHILIPPINE NATIONAL POLICE RANKING SYSTEM

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PHILIPPINE NATIONAL POLICE ORGANIZATIONAL STRUCTURE

DIRECTORIAL STAFF OF THE PNP

DIRECTORIAL STAFF OF THE PHILIPPINE NATIONAL POLICE

1. The Directorate for Personnel and Records Management


2. The Directorate for Intelligence
3. The Directorate for Operations
4. The Directorate for Logistics
5. The Directorate for Plans
6. The Directorate for Comptrollership
7. The Directorate for Police-Community Relations
8. The Directorate for Investigation and Detective Management
9. The Directorate for Human Resource and Doctrine Development
10. The Directorate for Research and Development
11. The Directorate for Information and Communications Technology Management
12. The Directorates for Integrated Police Operations

DIRECTORATE FOR PERSONNEL AND RECORDS MANAGEMENT (DPRM)


- The director optimizes the utilization of personnel resources both from the PNP-
uniformed and non- uniformed personnel.

DIRECTORATE FOR INTELLIGENCE (DI)


- The director manages the gathering/collating of intelligence objectives through
effective management of all intelligence and counter-intelligence activities of the PNP. He
also serves as the linkage of all foreigners with official transactions with the chief PNP.

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DIRECTORATE FOR OPERATIONS (DO)
- The director exercises the command, the control, the direction, the coordination and
the supervision of all activities on PNP operations such as deployment and employment of
personnel.

DIRECTORATE FOR LOGISTICS (DL)


- The director administers and manages material resources needed for the PNP
operations.

DIRECTORATE FOR PLANS (DPL)


- The director plans and programs strategic PNP operations. He also represents the
PNP in the inter-agency and international affairs on peace and order.

DIRECTORATE FOR COMPTROLLERSHIP (DC)


- The director administers and manages the fiscal financial resources.

DIRECTORATE FOR POLICE-COMMUNITY RELATIONS (DPCR)


- The director formulates and implements community–related activities, programs
and projects. He also supervises the PNP Salaam Police Center to undertake close
monitoring, networking and liaising activities with the Muslim communities in addressing
terrorism and lawless violence in their respective areas to guarantee that the Muslims are
not discriminated, oppressed or singled-out.

DIRECTORATE FOR INVESTIGATION AND DETECTIVE MANAGEMENT (DIDM)


- The director coordinates controls and supervises all investigation activities.

DIRECTORATE FOR HUMAN RESOURCE AND DOCTRINE DEVELOPMENT (DHRDD)


- The director formulates policies on matters pertaining to human resources and
doctrine development.

DIRECTORATE FOR RESEARCH AND DEVELOPMENT (DRD)


- The director engages in research and development and does testing and evaluation
of self-reliant projects.

DIRECTORATE FOR INFORMATION AND COMMUNICATIONS TECHNOLOGY


MANAGEMENT (DICTM)
- The director integrates and standardizes all the PNP information systems and
resources to further improve the frontline services.

FIVE (5) DIRECTORATES FOR INTEGRATED POLICE OPERATIONS (DIPOS)


- The Directors of the clustered areas for Integrated Police Operations, namely:
Eastern Mindanao, Western Mindanao, Visayas, Southern and Northern Luzon are given the
responsibility to direct and to supervise the conduct of integrated anti-criminality, internal
security, counter- terrorism operations, to promote inter-operability with the Armed Forces of
the Philippines, and to provide a system to promote regional socio-economic development.

OPERATIONS AND ADMINISTRATIVE SUPPORT UNIT OF THE PNP


(According to RA 6975)

OPERATIONS AND ADMINISTRATIVE SUPPORT UNIT OF THE PHILIPPINE NATIONAL


POLICE
 The PNP is composed of a national headquarters, regional headquarters, provincial
headquarters, district headquarters or municipal or city stations.

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 At the National level, the PNP maintains its national headquarter in Camp Crame,
Metropolitan Manila which houses the directorial staff, service staff and special
support units.
 Pursuant to Section 35 of Republic Act 6975, the Chief of the PNP shall be supported
by the following administrative and operational units with each unit headed by a
Director with the rank of Police Brigadier General.

ADMINISTRATIVE AND OPERATIONS SUPPORT UNIT OF THE PNP

ADMINISTRATIVE SUPPORT UNIT OF THE PHILIPPINE NATIONAL POLICE (AT


PRESENT)

1. Logistics Support Service


2. Information Technology Management Service
3. Finance Service
4. Health Service
5. Communications and Electronics Service
6. Chaplain Service
7. Legal Service
8. Headquarters Support Service
9. Engineering Service
10. Training Service
11. PNP Retirement and Benefits Administration Service

OPERATIONAL SUPPORT UNIT OF THE PHILIPPINE NATIONAL POLICE (AT


PRESENT)
1. Maritime Group
2. Intelligence Group
3. Police Security and Protection Group
4. Criminal Investigation and Detection Group
5. Special Action Force
6. Aviation Security Group
7. Highway Patrol Group
8. Police-Community Relations Group
9. Civil Security Group
10. Crime Laboratory
11. PNP Anti-Kidnapping Group
12. PNP Anti-Cybercrime Group

 For the main PNP operating units, there are seventeen (17) Police Regional Offices
nationwide which correspond to the Regional subdivisions of the country. Directly
under the Police Regional Offices are seventeen (17) Regional Public Safety
Battalions (RPSB), eighty (80) Police Provincial Offices which correspond to the
number of Provinces in the country and twenty (20) City Police Offices (CPOs) in
highly urbanized and independent cities , which are equivalent to a Provincial Police
Office.
 Finally, a total of 1,766 Police Stations are established nationwide and they are
categorized as follows: 90 Component City Police Stations and 1,507 Municipal
Police Stations under the Police Provincial Offices, 131 Police Stations under the City
Police Offices, and 38 Police Stations/City Police Stations in the National Capital
Regional Police Office which serve as the main operating arms of the PNP for the
anti-criminality campaign.

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POLICE OPERATIONS
 This function of the police is the most sophisticated part in the law enforcement. This
is so because of the characteristic and nature of police work in the field.
 It mostly deals with what officers do with their motto “We serve and protect” that
covers all major aspects of policing.
 From general calls of the public for law enforcement services, police operation are
more focused on: Patrol, Traffic, Investigation and Community Relation.

PATROL
- Considered as the backbone of a police department.
- Refers to the regular tour made by an officer in a place in order to protect it or
maintain order.
- It could be by individual person or by group and the kind or type of patrolling
depends on the location or area, time, personnel available, and the extent of criminality in
the area.

TRAFFIC
- Is a primary responsibility in law enforcement.
- It goes along with other police functions in the field.
- It involves traffic enforcement, direction and control, traffic accident investigation
and other traffic ancillary services.

INVESTIGATION
- Police criminal investigation is another primordial police activity.
- The enforcement of the laws certainly will demand the arrest of violators.
- Investigation of crimes implies a system of inquiry or probe on the part of the
investigators against violators purposely to know the truth, that is, knowing what happened,
where it happened, when it happened, who are involved, why it happened and how it
happened in order to achieve justice.
- Such investigation as a standard must be based on social and legal accepted
means.

COMMUNITY RELATIONS
- Is a part of police operations in all event of policing.
- The function covers the way the police deal with their constituents in the community
purposely directed towards gaining the trust, confidence and support of the people on what
the police is doing and aiming to achieve.

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INTRODUCTION TO CRIMINALISTICS

What is CRIMINALISTICS?
- Its term was introduced by Hans Gross, father of Criminalistics.
- It is a branch of forensic science which includes 1) personal identification, 2) police
photography, 3) forensic ballistics, 4) questioned document examination, 5) polygraphy, and
6)legal medicine. It is a study of physical evidence through laboratory work.

HANS GROSS
The Father of Criminalistics

What is FORENSIC SCIENCE?


This is derived from the Latin word “forum” which means “a market place” where
people gather for public disputation or public discussion (Del Rosario, 1996).
This is a broad field in which criminalistics is just one branches. It is the application of
science to law.
*Edmond Locard - Father of Forensic Science

EDMOND LOCARD
The Father of Forensic Science

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Technological Division of Criminalistics
A. Fingerprinting (Personal Identification)
B. Forensic Photography
C. Questioned Document Examination
D. Polygraphy (Lie Detection)
E. Legal Medicine; and
F. Forensic Ballistics

PERSONAL IDENTIFICATION

What is PERSONAL IDENTIFICATION?


- It refers to the different methods of determining the identity of individual.
- The focus in the study of Criminology would be Dactyloscopy because it is the
standard method used by law enforcement agencies in establishing identities of suspects
and victims

What is DACTYLOSCOPY?
- The term is derived from the Greek word dactyl which means “finger” and “skopien”
which means “to study”
- This is the science of identification by means of fingerprints.

What is FINGERPRINT?
- These are the impressions made by the ridges on the inside of the last joint of the
finger or thumb on any smooth surface through media of an ink, sweat or any reagent
capable of producing visibility. These are the marks left when a finger placed on a surface.

ANCIENT CHINESE - The first to use fingerprints as a means of identification by imprinting


fingerprints in their primitive contracts.
There are several scientists and criminalists who contributed to its development but
these are the only two of those recognized:
1. Marcelo Malpighi - grandfather of dactyloscopy
2. Sir Edward Richard Henry - Father of modern fingerprints

MARCELO MALPIGHI
The Grandfather of Dactyloscopy

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Sir Edward Richard Henry
Father of Modern Fingerprints

In Law enforcement and Criminal Investigation, taking and examination of fingerprints


are part of standard operating procedure. Fingerprints collected at the crime scene can lead
to the unidentified dead bodies because of violent crimes and natural calamities are
established through their fingerprints.
Fingerprinting is one of the core competencies of the following:
1. Scene of the Crime Operations (SOCO) in the unit PNP- function includes the
processing of crime scene, technical and forensic examination of evidences and
similar scientific investigative assistance with PNP
2. National Bureau of Investigation Crime Laboratories

HOW TO USE FINGERPRINT WITH IDENTIFYING A SUBJECT?

EIGHT (8) TYPES OF FINGERPRINT PATTERNS IN HENRY SYSTEM OF


CLASSIFICATION
1. Plain Arch
2. Tented Arch
3. Ulnar Loop
4. Radial Loop
5. Plain whorl
6. Accidental whorl
7. Central pocket
8. Double loop whorl

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HENRY SYSTEM OF CLASSIFICATION
This is the fingerprint classification system being used by the Federal Bureau of
Investigation(FBI) in the United States of America which is also the system used by National
Bureau of Investigation (NBI) and the Philippine National Police (PNP).

ROLLED IMPRESSION

PLAIN IMPRESSION

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FINGERPRINT WITH RIDGE CHARACTERISTICS

DOGMATIC PRINCIPLE OF FINGERPRINT

1. Principle of Variation (Individuality)


There are no two persons having the same fingerprints. Neither two prints of different
person nor the neighboring fingers of the same person have ever been found to be identical
in all aspects. It is cited in the book of Montalba that the possibility that two persons will have
the same fingerprint pattern ratio of 1:64 billion.

1903 – The William West – Will West Case at a Federal Prison in Leavenworth,
Kansas, changed the way that people were classified and identified. When a man named
Will West entered the Leavenworth Prison System, in 1903, he was “booked” into the prison,
as all other inmates. His face was photographed, and his Bertillion measurements were
taken. Upon completion of this process, it was noted that another inmate, known as William
West, who was already incarcerated at Leavenworth, had the same name, Bertillion
measurements, and bore a striking resemblance to Will West. The incident called the
reliability of Bertillion measurements into question, and it was decided that a more positive

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means of identification was necessary. As the Bertillion System began to decline, the use of
fingerprints in identifying and classifying individuals began to rise. After 1903, many prison
systems began to use fingerprints as the primary means of identification.

*However, fingerprint and other methods of identification may still have equal
chances of failure because of the possibility of its similarities and identities.

2. Principle of Constancy (Permanency)


Fingerprints remain the same throughout the person’s lifetime. The ridges are
immutable and perennial until the individual died and decomposed. Fingerprint started to
develop from the beginning of the 3 rd month of the embryonic period of fetal life.
On 1856, Herman Welcker, printed his own palms and after 40 years he printed the
same palms to prove that fingerprint do not change. Established the Principle of Immutability

3. Principle of Infallibility
Fingerprints cannot be forged and therefore they provide a reliable positive means of
identification.
On 1880, Dr. Henry Faulds, Scottish missionary doctor of the United Presbyterian
Church, conducted a careful experiment and observation of fingerprint pattern in the hospital
in Tsukiji, Tokyo, Japan. Concluded that fingerprint patterns are unchangeable and that
superficial injury of the fingers did not alter them, they returned to their former design as the
injury healed.
JOHN DILLINGER - KNOWN AS THE US PUBLI C ENEMY NUMBER ONE WHO
ATTEMT TO DESTROY HIS OWN FINGERPRINT USING CORROSIVE ACIDS
ROBERT JAMES PITTS – A MAN WITHOUT FINGERPRINT
ADERMATOGLYPHIA – IS AN EXTREMELY RARE GENETIC DISORDER THAT CAUSES
A PERSON TO HAVE NO FINGERPRINTS

Rules of Personal Identification


 Law of Multiplicity of Evidence in Identification:
The more the points of similarities and dissimilarities of two persons compared, the
greater the probability for a correct conclusion

POLICE PHOTOGRAPHY

What is PHOTOGRAPHY?

It is an art or science which deals with the reproduction of images through the action of 1)
light upon 2) sensitized materials, with the 3) aid of camera and its accessories and the 4)
chemical process involved therein.
The term was derived from two Greek words:
Phos – means “light”
Graphos- means to “write”

What is CAMERA?
A light tight box with a lens to form an image, with a shutter and diaphragm to control the
entry of the image, a means of holding a film to record the image and a viewer/viewfinder to
show the photographer what the image is (Villaba, 2005)

What is POLICE PHOTOGRAPHY?


This is an art or science which deals with the study of the principles of photography, the
preparation of photographic evidence, and its application to police work (Villarba, 2008). This
is used for the following:

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1. Identification purposes
2. Recording & preserving evidence
3. Recording actions of offenders in surveillance activities and for court exhibits

WHAT IS THE ROLE OF PHOTOGRAPHY WITH CRIMINOLOGY?


1. Photographs have been proven to be valuable evidence in criminal investigation
2. Taking photographs of all object in the crime scene will take part with the Golden
rule of Investigation:
“DO NOT TOUCH, CHANGE OR ALTER ANYTHING UNTIL IT HAS BEEN IDENTIFIED,
MEASURED AND PHOTOGRAPHED”
3. Records and preserves images of victims, objects and other information for
investigation of criminal cases

FORENSIC BALLISTICS

What is FORENSIC BALLISTICS?


It is one of the branches of the study of Ballistics which involves the investigation and
identification of firearms by means of ammunition fired through them.

WHAT IS BALLISTICS?
This is a science of motion of projectile and the condition that affects its motion.

Interior/Internal Exterior/ Terminal Forensic Ballistics


Ballistics External Ballistics Ballistics
Study of the Study of the Study of the effect of Study of the motion
projectile’s motion projectile’s motion the impact of the of projectile as
while it is still inside after leaving the gun projectile on the applied to law; the
the firearm muzzle target science of firearm
identification

WHAT IS PROJECTILE?
It refers to the non-metallic ball which is propelled from firearm.

What is FIREARM?
It is an instrument for the propulsion of projectile by means of the expansive force of
gases coming from the burning gunpowder.

CALVIN GODDARD
 The Father of Firearms Identification
 An American high ranking military officer who first examined evidence using the
principle of forensic ballistics and to testify as an expert witness which resulted in the
conviction of the accused.

WHAT IS THE ROLE OF FORENSIC BALLISTICS IN CRIMINOLOGY?


 Its knowledge and principle are applied in determining the firearm used in the
commission of the offense through the examination of the bullet found in the crime
scene or in the body of the victim
 Identify the owner of the firearm found in the crime scene. If the identity and the
location of the offender have already been determined, then the appropriate criminal
case can now be filed in court.
 It is used extensively in investigation and prosecution of criminal cases and is able to
provide credible physical evidence

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QUESTIONED DOCUMENT EXAMINATION

What is DOCUMENT?
 This is any material which contains marks, signs, symbols either visible or invisible
that may presently or ultimately convey a message or message to someone.

What is QUESTIONED DOCUMENT?


 It is a document in which issue has been raised or which is under scrutiny (Manlusoc,
2009)

What is Questioned Document Examination?


 It is the branch of criminalistics which deals with examination of handwriting,
typewriting and signatures through the use of scientific tools and instruments to
determine the authenticity or to prove forgery.
 This is not just dealing with determination of the genuineness of handwriting but also
with the following:
1. identification of printing instruments and photocopiers;
2. detection of erasures, additions and alterations of documents of all kinds;
3. Analysis of inks and papers and must be familiar with all types of writing and
reproduction implements

What is FORGERY?
 It is the making or altering an instrument or document with intent to defraud. It is also
defined as a copy that is falsely represented as original

What those usually being Forged?


1. Signatures
2. Document

TYPES OF FORGED SIGNATURE:


Simple - forged signature made without any attempt on the part of the forger to
imitate or make a facsimile of the genuine signature of the person purposed to sign the
document.
Simulated - forged signature made through freehand imitation of signature to be
forged
Traced - the result of an attempt of the forger to make a close resemblance of the
original by means of tracing processes

WHAT IS THE ROLE OF QUESTIONED DOCUMENT EXAMINATION IN CRIMINOLOGY


Most of the people commit crimes through special skills and sometimes, even special
training, to enable them to commit these acts.

Albert Osborn
 the Father of Questioned Document Examination
 the person responsible for raising the level of questioned document examination to
profession

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POLYGRAPHY

What is POLYGRAPHY?
 It refers to scientific method of detecting deception with the use of polygraph.
 Its term was derived from the two Greek words “poly” which means “many” and
“graphos” which means “writings”

What is POLYGRAPH INSTRUMENT?


It refers to instrument designed for recording changes in blood pressure, pulse,
respiration and skin resistance as indicative of emotional disturbance esp. of lying when
questioned.

The Polygraph Instrument

CONVENTIONAL DIGITAL

HOW POLYGRAPH MACHINE IS BEING ADMINISTERED?

PNEUMOGRAPH
- Records changes in breathing

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CARDIOSPHYGMOGRAPH
- Records changes in blood pressure

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GALVANOGRAPH
- Records changes in skin resistance and perspiration

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KEYMOGRAPH
- The motor that pulls and drives chart paper while recording

WHAT IS THE ROLE OF POLYGRAPHY IN CRIMINOLOGY?


 This serves as an aid in investigation to help the investigator in ascertaining if the
person under investigation is being truthful or deceitful
 This helps investigators to eliminate suspects and focus efforts in locating the real
perpetrator.

NOTE: Polygraph test IS NOT ADMISSIBLE as evidence in court but only a useful tool in
Criminal justice system

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IMPORTANT PERSONS IN POLYGRAPHY
 John Larson – was first to be recognized as the Father of Scientific lie detection
because he is the first one to detect deception and verify truthfulness of a person in a
more scientific way.
 Leonard Keeler- he is recognized as the Father of Modern Polygraphy for
enhancing the polygraph machine by adding other devices such as Kymograph

LEGAL MEDICINE

What is LEGAL MEDICINE?


 It is a branch of medicine which deals with the application of medical knowledge to
the purposes of law and in the administration of justice.

LEGAL MEDICINE VS MEDICAL JURISPRUDENCE


 Medical jurisprudence - refers to a branch of law which concerns with the aspects of
law and legal aspects to medical practice.

The Medical Jurist


 A physician who specializes or is involved primarily with medico-legal duties
 It is used interchangeably with 1) medical examiner, 2) medico-legal officer; and 3)
medico legal expert.

WHAT IS THE ROLE OF LEGAL MEDICINE IN CRIMINOLOGY?


 This concern with the examination of medical evidence requiring knowledge and
application of principles in medicine.
 Used with examination of evidence that only a medical doctor can do e.g. with crimes
resulting in death and injuries, and crimes involving sexual violence,
 It is the medico-legal officer who examines injuries caused by different kinds of
weapons, such as firearms and bladed weapons, as a result of violent crimes,
injuries brought by sexual assault, such as rape.
 Used to examine skeletons to determine whether the skeletons are of human origin
or not, in cases where the identity of the skeleton need to be established.

SIGNS OF DEATH
RIGOR MORTIS – stiffening of the body
LIVOR MORTIS – discoloration of the blood
ALGOR MORTIS – coldness of the body

Kind of Witnesses
-Expert witnesses - opinion of a witness regarding a question of science, art or trade, when
he is skilled therein, may be received in evidence.

-Ordinary Witnesses - all persons who, having organs of sense, can perceives, and
perceiving, can make their perception to others, may be witnesses.

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INTRODUCTION TO CRIME DETECTION AND INVESTIGATION

Subjects under Crime Detection and Investigation (Reference: RA 11131)


Fundamentals of Criminal Investigation;
Special Crime,
Organized Crime Investigation;
Fire Technology and Arson Investigation;
Traffic Management and Accident Investigation;
Drug Education and Investigation;
Vice Control

FUNDAMENTALS OF CRIMINAL INVESTIGATION

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"There is no such thing as perfect crime"
"Crime does not pay."

Unfortunately, many criminal cases remain relatively unsolved. One explanation is


that:
The police investigators lack professional education or training on crime detection
and investigation to combat the rising trend of criminality.

CRIMINAL INVESTIGATION
- it is an art which deals with the identity and location of an offender and provides
evidence of guilt through criminal proceedings.

INVESTIGATION
- The collection of facts to accomplish a threefold aim:
= To identify
= To locate
= Provide evidence

THE SIX CARDINAL POINTS OF INVESTIGATION


WHAT specific crime was committed?
WHO did the crime?
WHEN did it happen?
WHERE was the crime committed?
WHY was it committed?
HOW was the crime committed?

Four (4) reasons why crime should be investigated


1. Future deterrence of offenders
2. Deterrence to others
2. Community safety
3. Protection of the innocent

Investigator’s Notebook
Purpose:
• For future recall
• Many of the details associated with the investigation, while not essential to report
might become points of interest to the court when brought to trial
• To record relevant details of the case
• The court allows the investigators to consult their notes

Recording note:
• Data should be recorded in a complete, accurate and legible
• Must be written in ink
• The top of each page should in the notebook should bear investigator’s name, date
and number

As a crime prober, what is your first concern if you are the first to arrive at the crime
scene?
A. Call ambulance
B. Call morgue
C. Call SOCO team
D. Save life

The answer is to SAVE LIFE

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*SIR ROBERT PEELS (London-1788-1850)

 The founder of London Metropolitan Police.


 Father of Modern Policing
 He introduced the following techniques:
 detectives concealing themselves,
 secretly photographing and
 recording conversations.

*ALLAN PINKERTON (USA, 1852)

 America’s foremost private detective. This individual truly deserves the title of
“America’s Founder of Criminal Investigation.”

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 Among methods pioneered were “shadowing,” the art of suspects surveillance,
“roping,” working in undercover capacity, they have the motto, “We never sleep.”
 Founder of Pinkerton Detective Agency in USA.

*ARTHUR CONAN DOYLE (1895-1930)

 A novelist who popularized scientific criminal investigation by creating a fictional


detective “Sherlock Holmes and his friend Watson”

THE THREE TOOLS OR I’S OF INVESTIGATION


1. INFORMATION
2. INTERVIEW AND INTERROGATION
3. INSTRUMENTATION

WHAT IS INFORMATION?
 knowledge of facts gathered or acquired from persons or documents
 relevant concerning the commission of a crime or criminal activities.

 Regular sources – records, files from government or non-government agencies,


news items.
 Cultivated Sources – furnished by informants or informers.
 Grapevines Sources – coming from the underworld characters such us prisoners or
ex-convicts.

TECHNIQUES OF GATHERING INFORMATION


1. By observing tact or diplomacy in performing investigative tasks and duties.
2. Being friendly and diplomatic with other peace officers or law enforcers.
3. By not totally relying on memory – making the habit of jotting down notes of every
circumstance or incident encountered during the investigation proceedings.
4. By keeping records or maintaining a file of potential criminals, suspected criminals, actual
offenders, and informers/informants.
5. BY being meticulous – learning not to overlook or disregard chance memoranda or
haphazard notices.
6. By becoming acquainted with many kinds of people from all walks of life.

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WHAT IS INTERVIEW AND INTERROGATION?
 INTERVIEW
 simple questioning of a person who cooperates with the investigator.
 INTERROGATION
 process of obtaining an admission or confession from those suspects. Field
inquiry may be included.

CONFESSION OR ADMISSION

 Confession – is a direct acknowledgment by the accused in a criminal case of the


truth of his guilt as to the crime charged or of some parts of the commission of the
criminal act itself.
 Admission – is the statement of facts by the accused in a criminal case which does
not directly involve the acknowledgment of guilt in the commission of crimes for
which he is charged.

SCENARIO:
Marveen told the police that “Yes that is my slippers. But I am not the killer”. Is the
scenario shows a confession?
a. Yes
b. No

The answer is NO. This is an example of ADMISSION.

WHAT IS INSTRUMENTATION?
 process of applying instruments or tools criminal investigation
 use of the police laboratory in the examination of physical evidence, such as
Forensic Ballistics and other sciences.
 sometimes called CRIMINALISTICS

CRIME SCENE INVESTIGATION (GOLDEN RULE)


 Never touch, change or alter anything that has not been identified, measured and
photographed.

RELEASE OF THE CRIME SCENE

The release of crime scene shall be done if the investigator is satisfied that all pieces
of evidence have been recovered. Thus, the investigator must evaluate the items recovered
from the results of interrogation of the suspect/s and the interview of the witnesses.
He must bear in mind that upon the formal release of the crime scene to the proper
authority, a warrant is already required for his re-entry to the crime scene. (PNP Operational
Procedures Sec, 4 par. i)

SPECIAL CRIME

SPECIAL CRIME INVESTIGATION


Special Crime Investigation - is a special study of modern techniques in the
investigation of serious and specific crimes including murder, homicide, rape, abortion,
robbery, arson kidnapping, blackmail, carnapping and criminal negligence.The emphasis is
on physical evidence rather than an extra judicial confession. Special crime investigation
focuses on specific crimes which by their nature are difficult and complex to investigate.

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The following are some example of cases subject to special crime investigation.
1. Robbery
2. Arson
3. Kidnapping
4. Abortion
5. Rape
6. Murder
7. Homicide
8. Carnapping
9. Criminal Negligence, Hit and Run cases
10. Drug Cases
11. Bombing
12. Swindling

ORGANIZED CRIME INVESTIGATION

ORGANIZED CRIME GROUP


 is transnational, national, or local groupings of highly centralized enterprises run
by criminals for the purpose of engaging in illegal activity, most commonly
for monetary profit.
 A structured group of three or more persons, existing for a period of time and acting
in concert with the aim of committing one or more serious crimes of offenses in order
to obtain, directly or indirectly, a financial or other material benifit (UN, PALERMO
ITALY, 2000)

ORGANIZED CRIME MEANS


• the illegal activities carried out by an organized criminal group or groups of persons,
• having the aim of committing serious crimes in order to obtain, directly or indirectly, a
financial or other material benefit.

ORGANIZED CRIME (OC) DISTINGUISHED FROM TERRORISM


 OC is a non-ideological enterprise which would differentiate it from TERRORIST
GROUP, such as those religiously, politically, and some socially motivated violent
crimes embraced in the technical definition of terrorism.

FIRE TECHNOLOGY AND ARSON INVESTIGATION

Classification of Fires
WHAT IS FIRE?

Fire is the manifestation of rapid chemical reaction occurring between fuel and an
oxidizer- typically the oxygen in the air. Such rapid chemical reaction releases energy in the
form of heat and light.
Fire is heat and light resulting from the rapid combination of oxygen, or in some
cases gaseous chlorine, with other materials. The light is in the form of a flame, which is
composed of glowing particles of the burning material and certain gaseous products that are
luminous at the temperature of the burning material.

CLASSIFICATION OF FIRES
 Class A Fire - Fires involving ordinary combustible materials, such as wood, cloth,
paper, rubber and many plastics.
 Class B Fires - Fires involving flammable liquids, greases and gases.
 Class C Fires - Fires involving energized electrical equipment.

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 Class D Fires - Fires involving combustible metals, such as magnesium, titanium,
zirconium, sodium and potassium.
 Class K Fires - Class K is a new classification of fire as of 1998 and involves fires in
combustible cooking fuels such as vegetable or animal fats.

FIRE INVESTIGATION
In the Philippines, the Bureau of fire Protection is the main government agency
responsible for the prevention and suppression of all destructive fires on buildings, houses
and other structures, forest, land transportation vehicles and equipment, ships or vessels
docked at piers or major seaports, petroleum industry installation, plane crashes and other
similar incidents, as well as the enforcement of the Fire Code and other related laws. It has
the major power to investigate all causes of fires and necessary, file the proper complaints
with the proper authority that has jurisdiction over the case (R.A. no. 6975, sec. 54).
Why Fires should be investigated?
The very reason why fires should be investigated is to determine the cause of the fire
in order to prevent similar occurrences. The determination of the origin and cause of fire is
arrived at only after a thorough investigation. Since basic investigation is prelude to the
discovery of the true cause of the fire, an understanding of the chemistry of fire and its
attendant behavior should be a concern for successful investigation.
Who are qualified to investigate fires?
A fire investigator should have the following traits:
1. Possession of knowledge of investigational techniques.
2. He should have an insight of human behavior.
3. He should have a first-hand knowledge of the chemistry of fire and its behavior
4. He should be resourceful.

Is Fire Investigation Complex and Unique?


Fire investigation is complex and unique because of the following reasons:
1. Fire destroys evidence
2. If it is Arson, it is planned, motivated and committed is discreet.
3. Rarely can there be an eyewitness in Arson.

What are the roles of the Firemen in Fire Investigation?


Firemen are usually at the crime scene ahead of the fire investigators. Hence, they
are valuable sources of information. They are the so-called “Eyes and Ears” of the police
before, during and after the fire has been placed under control. The information taken from
them may be categorize as:
1. Information attainable or developed prior to the arrival at the scene
2. Information available to the firemen at the scene
3. Information available during overhaul and thereafter.

ARSON defined
Arson is the intentional or malicious destruction of property by fire. It is the concern
of fire investigation to prove malicious intent of the offender. Intent must be proved,
otherwise, no crime exist. The law presumes that a fire is accidental, hence criminal designs
must be shown. Fire cause by accident or criminal design must be shown. Fire cause by
accident or negligence does not constitute arson.

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TRAFFIC MANAGEMENT AND ACCIDENT INVESTIGATION

TRAFFIC MANAGEMENT – it comprises all public surfaces, facilities and agencies having
responsibility for licensing, approving, maintaining and controlling the flow of traffic and the
use of traffic facilities.

ACCIDENT (LEGAL MEANING) – an accident is any happening beyond the control of a


person the consequences of which are not foreseeable. (There is no criminal liability in
accident provided the following requisites or elements under the law must be satisfied;
1. performance of a lawful act
2. with due care
3. causes injury to another by mere accident
4. without any fault or intention of causing it

TRAFFIC ACCIDENT - (traffic Collision) occurs when a vehicle collides with another vehicle,
pedestrian, animal, road debris, or other stationary obstruction, such as a tree or utility pole.

Elements of traffic accident


1. The vehicle involved
2. The highway
3. The road user.

TRAFFIC INVESTIGATION - OBJECTIVE


1. Securing facts upon which to base an accident prevention program;
2. Determining whether or not laws have been violated, gathering evidence which will reveal
the road user responsible for the accident, and taking on-the-scene police action; and
3. Ascertaining the facts so that those involved in accidents can properly exercise claims
under our Civil Law.

TRAFFIC CODE - (also motor vehicle code) refers to the collection of local statutes,
regulations, ordinances and rules that have been officially adopted by countries to govern
the orderly operation and interaction of motor vehicles, bicycles, pedestrians and others
upon the public (and sometimes private) ways.

THE 5’Es OF TRAFFIC

1. TRAFFIC LAW ENFORCEMENT – comprises all police activities in connection with the
direction of traffic, regulation and education of drivers, determine potential offenders,
constant patrol, giving of assistance in the prosecution of offenders, investigation of
accidents, follow-up complaints, requesting police action, warning, summoning or arrest
of violators, reporting of road hazards and obstruction.

ENFORCEMENT
- the action taken by the police, such as arresting, issuing traffic citation ticket and
providing warning to the erring driver for the purpose of deterring and discouraging and or
preventing such violation

2. TRAFFIC EDUCATION – comprises all means for public information and the safety
education of both drivers and pedestrians as to traffic laws and the use of traffic facilities
and adequate training programs in traffic control throughout the police unit.

EDUCATION
- the process of giving training and practice in the actual application of traffic safety
knowledge

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3. TRAFFIC ENGINEERING - is a branch of civil engineering that uses engineering
techniques to achieve the safe and efficient movement of people and goods on
roadways.

ENGINEERING
- the science of measuring traffic and travel, the study of basic laws relative to the
traffic law and generation; the application of these knowledge to the professional practice of
planning, deciding, and operating traffic system to achieve safe and efficient transportation
of persons and goods

4. TRAFFIC ECOLOGY/ ENVIRONMENT


- the study of potentially disastrous population explosion, changes in urban
environment due to the scale and density of new urban concentration and new activities
carried out, air pollution, water pollution and crowding, transport congestion which result
therein

5. TRAFFIC ECONOMY
- deals with the benefits and adverse effects of traffic to our economy

DRUG EDUCATION AND INVESTIGATION


VICE CONTROL

DRUGS
o Any chemically active substance rendering a specific effect on the central nervous
system of man.
o A chemical substance that affects the processes of the mind and body
o It can either be natural and synthetic/artificial.

DRUG ABUSE
o Deliberate use of medically useful drugs which have the capacity to alter mood and
behavior without the benefit of a prescription.
o It refers to the use of a medically useful mood-altering drug for a purpose different
from the one for which the drug has been indicated.
o It refers to the use of a drug with such frequency that it causes physical or mental
harm to the user or impairs social functioning.

DRUG TRAFFICKING
o Otherwise known as DRUG TRADE
o Generally refers to the sale and distribution of illegal drugs
o It refers to the illegal process through which narcotics and other illegal drugs
are produced, transported, and sold.
o Drug Trafficking is the illegal cultivation, culture, delivery, administration,
dispensation, manufacture, sale, trading, transportation, distribution, importation,
exportation and possession of any dangerous drug and/or controlled precursor and
essential chemical.

R.A. 9165
AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002,
REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS
DRUGS ACT OF 1972,

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Prepared by:
MS. ALEXIS R. ALCANTARA
-Do not copy, post or distribute
WHY SHOULD WE AVOID DANGEROUS DRUGS
Illegal – prohibited by law (RA 9165)
> Health – damages over brain and body.
> Psycho social – destroys one’s behaviour and causes one to commit crime.
> Spiritual – against the will of GOD.

“Therefore, drug abuse is everybody’s concern”

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA)


 For over 30 years, RA # 6425 (Dangerous Drugs Act of 1972) had been the
backbone of the Philippine drug law enforcement system. Later, it was further
strengthened by RA # 9165 (Comprehensive Dangerous Drugs Act of 2002). It
defines more concrete courses of action for the national anti-drug campaign and
imposes heavier penalties to offenders. Thus, it is the law that created and organized
PDEA.
 Organizational Jurisdiction. The enactment of RA # 9165 reorganized the Philippine
drug law enforcement system. While the Dangerous Drug Board (DDB) remains as
the policy-making body, it created the Philippine Drug Enforcement Agency (PDEA)
under the Office of the President. The new law also abolished the National Drug Law
Enforcement and Prevention Coordinating Center Philippine National Police
Narcotics Group (PNP-NARGRP), National Bureau of Investigation Narcotics Unit
(NBINU), and the Customs Narcotics Interdiction Office (CNIO). Personnel of these
abolished agencies were to continue to perform their tasks on detail service with the
PDEA subject to a rigid screening process.

38 | P a g e
Prepared by:
MS. ALEXIS R. ALCANTARA
-Do not copy, post or distribute
REFERENCES (BOOKS):

Cabe, K.J.S. & Matic, F.I. C. (2019). Introduction to Criminology with Psychology of
Crimes

Tancangco, D.L. (2018). Theories and Causes of Crimes. Wiseman’s Books Trading,
Inc.

Depayso (2017). Comparative Police Systems Global Responses of Law


Enforcement Officers to Crimes. Wiseman’s Books Trading Inc.

Delizo (2015). Prudence Research and Review Center. Baguio, City

Camara (2016). Questioned Document Examination: An Instructional Material for


Criminology Students with Laboratory Manual. Wiseman’s Books Trading, Inc.

Vinarao (2008). Investigator’s Handbook

Bustria L. (2006). Fire Behavior and Arson Investigation. Wiseman Books Trading

Delizo D.G. (2009). Traffic Management and Accident Investigation.

Manwong, R. K. (2007). Instructional Materials in Drug Education and Vice Control


(2nd Ed.). Wiseman’s Books Trading

Manwong (2008). Fundamentals of Criminology. Wiseman’s Books Tradings, Inc.

Guerrero (2013). Non-Institutional Correction. Katha Publishing Co. Inc.

39 | P a g e
Prepared by:
MS. ALEXIS R. ALCANTARA
-Do not copy, post or distribute

Common questions

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Criminalistics is vital in modern policing as it involves the scientific study and analysis of physical evidence, enhancing crime solving. It includes personal identification, forensic ballistics, and questioned document examination, providing a systematic approach to gathering and preserving evidence. This forensic application supports the identification and conviction of offenders, making it an indispensable part of contemporary law enforcement .

The PNP organizational structure supports its law enforcement efforts through a comprehensive arrangement of directorates and support units. Each directorate has specific functions such as personnel management, intelligence, operations, logistics, police-community relations, and information technology management, among others. These divisions allow the PNP to manage resources effectively, gather and utilize intelligence, and plan and execute strategic operations .

Forensic science enhances justice delivery by applying scientific methods and principles to legal cases, thereby increasing the accuracy and reliability of evidence presented in courts. It encompasses various branches like criminalistics that facilitate detailed investigation, including the use of forensic ballistics for weapon identification and personal identification methods for suspect and victim recognition. These forensic processes ensure that justice is served by offering objective and verifiable evidence to support legal decisions .

The PNP badge symbols have deep significance, representing various values and historical elements. The Lapu-Lapu symbol signifies bravery and embodies civilian constitutional authority. The Three Stars represent the territorial integrity of the Philippines across Luzon, Visayas, and Mindanao. The Shield signifies protection, and the Laurel symbolizes honor, dignity, and the commitment to public service. Service, Honor, and Justice are the ideals that highlight the PNP's dedication to integrity, efficiency, and fairness in law enforcement .

The Directorate for Intelligence contributes to national security by managing all intelligence and counter-intelligence activities within the PNP. It effectively gathers, collates, and analyzes intelligence data, which is crucial for preventing and responding to threats. The directorate also coordinates with foreign entities during official transactions, thus broadening its scope in maintaining national security .

The PNP fosters community relations by implementing programs and projects that aim to gain the trust, confidence, and support of the community towards police operations. This includes creating the PNP Salaam Police Center to engage with Muslim communities and prevent discrimination. Such efforts are crucial as they enhance public support and cooperation, which are vital for effective policing and maintaining public order .

The PNP badge reflects the historical and cultural heritage of the Philippines through symbols that resonate with Filipino identity and values. The badge features Lapu-Lapu, a national hero symbolizing bravery and defiance against colonization. The Eight Sun Rays represent provinces that revolted against Spain, linking the police force to a tradition of courage and patriotism. These symbols embody the PNP's commitment to upholding Filipino ideals and protecting the nation's legacy .

Forensic ballistics plays a crucial role in crime investigation by analyzing bullets and firearms to identify the weapon used in a crime. It helps establish links between a suspect and a criminal act through bullet matching with the firearm found at the crime scene. Forensic ballistics contributes significantly to determining the shooter's identity and supports the legal proceedings by providing technical evidence for the prosecution .

The primary roles of the Philippine National Police (PNP) include crime control and prevention, enforcement of laws, criminal apprehension, and conducting lawful searches and seizures to gather necessary evidence for filing complaints with the Prosecutor's Office. Additionally, the PNP enforces the Forestry Law in coordination with the Department of Environment and Natural Resources (DENR).

The PNP ensures integrity and professionalism among its officers by embedding Service, Honor, and Justice as core ideals. These ideals foster efficiency, integrity, cohesiveness, and camaraderie, which are essential for gaining community trust and maintaining public order. Training programs and strict adherence to protocols further enhance officers' commitment to ethical behavior and professional conduct .

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